Judge Stays D.C. Handgun Ruling for 90 Days (Updated)

Updated 7:02 p.m. | A federal judge on Tuesday put a hold on the ruling that overturned the District’s ban on carrying handguns in public, effectively giving D.C. police and law enforcement some space to figure out how to respond.

The July 26 ruling by U.S. District Judge Frederick J. Scullin Jr. declaring the gun law unconstitutional threw Metropolitan Police Department and legal officials into rapid, confusing response. D.C. police were ordered on Sunday not to arrest people for carrying registered pistols and deadly weapons in public — a directive that effectively put them in the position of recognizing all other jurisdiction’s handgun permits.

MPD Chief Cathy L. Lanier and District officials requested the stay on Monday evening, saying it would allow them to pursue an appeal and enact a “licensing mechanism” consistent with the ruling and the Second Amendment.

In the request, they note that the ruling was already causing harm to the District because defense attorneys had started demanding that prosecutors from the U.S. Attorney’s Office for the District of Columbia and D.C.’s Office of the Attorney General drop all charges pursuant to the handgun ban.

“Unfortunately, the literal terms of the Court’s Order were overbroad and not explicitly limited to pistols or Second Amendment concerns,” the filing stated stated, citing references to registration of handguns.

The judge’s stay is effective immediately for 90 days. The three-page document explains that the hold is based on an agreement between both parties that staying the decision until Oct. 22 should provide the D.C. Council with an opportunity to enact appropriate legislation consistent with the Palmer v. District of Columbia ruling.

The document further orders that the Second Amendment rights proponents who are plaintiffs in the case should file their opposition to the motion for a stay pending appeal on or before Aug. 4.

As part of the stay, the court also noted that it sees no need to clarify its decision and that the injunction ordered on July 26 clearly applied only to handguns and not any other type of deadly dangerous weapon.

In light of the court’s stay, D.C. police have been ordered to once again start enforcing all of the District’s gun control laws, including the ban on carrying pistols in public.

“Although the stay takes effect immediately, we must recognize that members of the public may not be aware that all firearms laws in the District are once again in effect,” stated an order from Lanier issued Tuesday. “Officers are reminded to handle all matters regarding firearms with caution, while relying on their professionalism and training to support sound judgment while both serving public safety and respecting the rights of individuals.”

CaliforniaRightToCarry

July 30, 2014
5:02 a.m.

There was no reason to grant the stay other than both sides asked the judge to issue the stay.

Why would the winning side ask for a stay when absent the stay it would now be legal for any citizen of the United States who can legally possess a handgun to carry his handgun in the District without a government issued permission slip and to carry his handgun either openly or concealed without fear of arrest, fine and imprisonment?

The answer to that is simple. One of the plaintiffs in the lawsuit (Palmer v. DC) is the Second Amendment Foundation which is headed by Alan Gottlieb. The Second Amendment Foundation and the National Rifle Association both oppose the Second Amendment right to openly carry firearms for the purpose of self-defense. The leadership of both organizations want to ban firearms from being openly carried in public. And both organizations want the ability to carry a concealed weapon conditioned upon first obtaining an expensive government issued permission slip with mandatory training at the hands of NRA certified instructors.

We saw essentially the same thing happen in Illinois. After the 7thCircuit struck down Illinois’ ban on carrying firearms (not just handguns) in public the NRA and the SAF lobbied the Illinois legislature to enact a burdensome concealed carry permit scheme and to ban the Open Carry of firearms in the state before the stay of the injunction in the 7th Circuit expired. The stay expired the morning of the same day the new ban was enacted and went into effect later that afternoon which means that for half a day it was legal to carry long guns as well as to carry handguns (openly or concealed) in the State of Illinois without a permit.

The District of Columbia banned the Open Carry of handguns in 1943. If the Second Amendment Foundation led by Alan Gottlieb has any say in the matter, the Open Carry of handguns will forever be banned in the Nation’s capitol.

Let us not forget that according to the United States Supreme Court, concealed carry can be banned. The High Court said that Open Carry is the right guaranteed by the Constitution.

Roll Call Video Picks

About Hill Blotter

Campus Reporter Bridget Bowman (@bridgetbhc) keeps her eye what's happening on and around the Hill. She covers local elections, the Capitol Hill community, House and Senate administration, legislative agencies and congressional oversight over the District of Columbia.

Leadership Reporter Hannah Hess (@ha_nah_nah) covers law enforcement and ethics investigations, acting as a watchdog of both chambers of Congress. Her beat includes Capitol Police and the House and Senate sergeants-at-arms.